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Jessica
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Debra, Expert
Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.
Debra, Expert
Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.
I am sorry to hear of this difficult situation.
Is your spouse mentally competent to make decisions about his finances and his care?
Debra, Expert
Did he earlier appoint you under a POA?
Are you saying he is or is not competent?
Debra, Expert
Your spouse is mentally competent he can appoint whoever he likes under a POA. If you think he is being unduly pressured then that is another matter of course. So he may be competent but fragile and easily manipulated.
If you think that is the case then your best next step would be to file a report with the Public Guardian and trustee. They will step in and investigate.
Or, if he is competent and wants to appoint you under a POA he can revoke the other POA and appoint you and then you would be in charge.
Do you see what I mean?
Debra, Expert
I don't take calls anyway. I just work online.
If your spouse wants to make a new power of attorney then he can do that. He is competent. And he can have a lawyer do it by way of video conference or he can just draft it himself or you can and it can be signed and witnessed.
You can still go ahead with the separation agreement. What do you want to do is help your spouse protect himself if he becomes in competent. You just want to make sure that his care is OK. Do you see what I mean?
Debra, Expert
Of course you are talking to a lawyer but I'm not your lawyer. You can retain your own lawyer if you want but it can't be me. The site doesn't allow that and I'm also retired.
Debra, Expert
Your physical appearance is not needed on the farm. I don't see how it could have any repercussions on your separation agreement if you are two adults consenting. You are not reconciling.
Debra, Expert
You are very welcome.
Debra, Expert
Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.
Debra, Expert
Please start your new post here:
https://www.justanswer.com/law/expert-debra/
But I do have to go off-line for a couple of hours probably so could you wait for a while to post your new question?
Thanks
Debra, Expert
Then take them to another lawyer for sure!
Debra, Expert
Yes as he still is your spouse.
Debra, Expert
Nothing. You would just pay what you owe the lawyer and tell them you are putting things on hold.
Debra, Expert
No one can change the will except for your spouse. It's absolutely impossible.
If he still designates you as his beneficiary under the life insurance policy you will get that. You can make that a requirement under the separation agreement.
Debra, Expert
Well if you were going to reconcile tell him you need a new will done.
I don't know what you mean when you ask if you still have any legal rights now but if he dies you can make a claim under the family Law act instead of going by what the Will gives you.
I do have to stop now because it's quite late and I have to go to bed. If you find you need more help tomorrow would you please start a new post because I only get paid once per post.
Thanks and have a good night.
Debra, Expert
Thanks for those kind words. Could you please start a new post because I only get one paid once for a post and this is a very long post?
Thanks!
Debra, Expert
There is no such thing as being separated by law and if you sign a separation agreement then the separation agreement will state when things have to be done by.
Debra, Expert
Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.